JUDGMENT
K.C. Agrawal, C.J.
1. This appeal under Section 19 of the Family Court’s Act, 1984 has been filed by the husband, Babu Lal Sharma for divorce against his wife on two grounds mentioned in Clauses (ib) and (iii) of Section 13(1) of the Hindu Marriage Act. These Clauses arc as follows :
“(ib) has deserted the petitioner for a continuous period of not less than two years immediately proceeding the presentation of the petition;
(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner can not reasonably be expected to live with the respondent.”
2. These grounds were denied by the wife in her written statement. On the pleading of the parties the trial court framed two issues, first, whether the respondent (wife) had undeveloped mind and secondly, whether the respondent had deserted her husband (appellant) for the last more than two years.
3. The trial Court held that the ground of undeveloped mind was not established from the record and if she had undeveloped mind the case would not be covered by Clause (iii) of Section 13(1) quoted above.
4. What is required by the said clause is that the person should be incurably of unsound mind which is different than undeveloped mind. The two can not be mixed up. In the instant case there was no evidence medically or otherwise of her unsoundness of mind.
5. For the other ground Clause (ib) of Section 13 quoted above, we have gone through the statement of the respondent and appellant and also other relevant document and are of the opinion that the appellant could not establish that his wife had deserted him for a continuous period of two years, without any reasonable cause. That being so the other ground is also not established against the respondent.
6. For the reasons given above the appeal is dismissed.
